Legal High Score Current Situation of Extended Detention 50

Legal Analysis: The expiration of the period of detention shall not exceed 37 days. The period of investigation and detention of a criminal suspect after arrest cannot exceed two months.

If the case is complicated and cannot be immediately concluded at the end of the time limit, an application may be made to the people's procuratorate at the level above for approval of an extension of one month. For special reasons, particularly major and complicated cases that are not suitable for trial for a relatively long period of time should be reported to the Supreme People's Procuratorate and requested to the Standing Committee of the National People's Congress to approve an extension of trial.

Legal basis: Article 154 of the Criminal Procedure Law of the People's Republic of China: The period of investigation and detention of a criminal suspect after arrest must not exceed two months. In cases where the circumstances of the case are complicated and cannot be concluded at the completion of the time limit, an extension of one month may be granted upon the approval of the people's procuratorate at the level above.

Article 155 of the Criminal Procedure Law: For special reasons, particularly major and complicated cases that are not suitable for trial for a longer period of time are to be reported by the Supreme People's Procuratorate to the Standing Committee of the National People's Congress for approval of an extension of trial.

Legal analysis: The maximum period of detention is 37 days in the public security organs; **The maximum period of detention is 7 months, and the maximum period of detention is 8 months and 7 days combined. Whether or not to extend detention should be staged.

Under normal circumstances, the maximum period of detention during the detention period is 37 days, and if the detention has not been approved by the procuratorate after 37 days, it must be released, otherwise it is called extended detention; If, after the procuratorate approves the arrest, plus the 37 days of detention, that is, 8 months and 7 days, the procuratorate has not prosecuted, it must be released, otherwise it is called extended detention; When a procuratorate brings a case to the court, it is generally two and a half months to pronounce the verdict, and where the legal time limit for handling cases exceeds the two-and-a-half-month time limit for handling cases, and the case has not been concluded, it constitutes extended detention. The responsibility for extended detention is to be pursued by the person in charge of the direct and limb connection related to the case, as well as the relevant person in charge. The subject of responsibility for extended detention is generally the relevant department of the public security organ, and the corresponding person in charge of violating the Criminal Procedure Law, Zhao Yan, will be punished.

Legal basis: Article 99 of the Criminal Procedure Law of the People's Republic of China: People's courts, people's procuratorates, or public security organs shall release, release on guarantee, place under residential surveillance, or modify compulsory measures in accordance with law for criminal suspects or defendants whose statutory period of compulsory measures has expired. Criminal suspects or defendants, their legally-designated persons, close relatives, or defenders have the right to request that the compulsory measures be lifted upon the completion of the statutory period for compulsory measures taken by the people's courts, people's procuratorates, or public security organs.